Who Is Covered?

Under the FRSA, the following are protected from retaliation for reporting certain safety and security violations:

• an employee of a rail carrier,

• a contractor, and

• a subcontractor.

 

Protected Activity

The railroad may not retaliate against you in any manner because you provided information regarding an unsafe condition or reported your own or another worker’s injuries.

 

Prohibited Actions

The railroad may be found in violation of FRSA if you are engaging in a protected activity was a contributing factor in its decision to take adverse action against you including:

• Firing or laying off 

• Demoting

• Blacklisting

• Denying overtime or promotion

• Intimidation

• Threats

• Reducing pay or hours

• Delaying or denying medical aid or treatment

• Forcing an employee to work against medical advice

• Disciplining

 

Remedies

Upon a finding that the railroad has violated the FRSA, the employee may be entitled to any or all of the following:

• Reinstatement with back pay

• Expungement of disciplinary record

• Actual damages including damages for mental anguis

• Attorneys’ fees and expenses

• Punitive damages